How to Trademark a Business Name in New York

Should you register in New York State or with the USPTO?

For most New York businesses, a federal USPTO registration offers far broader protection than a state filing. A New York State trademark, filed with the New York Department of State, protects your name only within New York's borders, while a federal registration with the USPTO gives you nationwide rights, the ability to use the ® symbol, and a stronger legal footing. Because U.S. trademark rights are largely first-to-file, securing a federal registration early — before a competitor in another state claims a similar name — is the surest way to protect a growing brand. Federal registration ties your New York business name into the national trademark, intellectual property, and brand-protection system that Secure Mark USA helps clients navigate.

Which USPTO class should your business name be filed in?

Your business name is filed in the international class, or classes, that match what you actually sell. For example, a New York apparel brand files in Class 25, a Manhattan restaurant in Class 43, a retail store in Class 35, and a software company in Class 9 for downloadable software or Class 42 for SaaS. If your business operates across several categories — say, a café that also sells packaged coffee — you may need more than one class, and each additional class adds a $350 USPTO fee. Choosing the right class matters, because trademark protection is granted class by class.

How do you trademark a business name in New York step by step?

Trademarking a New York business name follows the standard federal process. Step by step: (1) Run a comprehensive clearance search to confirm your name is not already taken in your class. (2) Confirm the name is distinctive — coined, arbitrary, or suggestive names are far easier to register than generic or merely descriptive ones. (3) Identify the correct USPTO class or classes for your goods or services. (4) File your application with the USPTO on a use-in-commerce basis if you are already selling, or intent-to-use if you plan to launch. (5) Monitor the application and respond to any Office Action. (6) Once registered, maintain the mark with the required Section 8 and Section 9 filings. New York applicants who are U.S.-domiciled are not required to hire an attorney to file.

Key takeaways

• A federal USPTO registration protects a New York business name nationwide; a state filing covers only New York.
• Your business name is filed in the USPTO class that matches your goods or services.
• U.S. trademark rights are largely first-to-file, so registering early matters.
• Forming an LLC or DBA in New York does not create trademark rights.
• Filing through Secure Mark USA starts from $99 plus the $350-per-class government fee.

Frequently asked questions